(A)
Notwithstanding any other provision of this chapter, the individual dwelling units of two-family and multi-family units which are, or have been, constructed in compliance with the terms of this chapter, which qualify as townhouses as the same are defined in this chapter, or the individual business, office, institutional or commercial units which are, or have been, constructed in compliance with the terms of this chapter and the state building code which qualify as townhouses, as the same are defined in this chapter, may be conveyed as separate units so that the same might be individually owned. Each such conveyance shall consist of the unit, including the portion of the lot on which it is constructed, and a portion of the lot which lies between the unit and the front and back line of the lot on which the townhouses are constructed. In the case of end units, the conveyance shall include the remainder of said lot to the side lot line. There shall be no further division of such townhouse lots by conveyance of a portion of same, or otherwise, and no additional construction shall be permitted on any lot, which, had it (conveyance or construction) occurred prior to division into townhouses, would have caused the structure of which said townhouse is a part to be a violation of the dimensional requirements of this chapter; provided, however, nothing herein contained shall obviate the requirements that the subdivision of land as defined in the subdivision regulations, be submitted to the town for approval as set forth in this chapter; provided further, however, the division of a tract in single ownership, whose entire area is no greater than two acres, into not more than three lots, where no street right- of-way dedication is involved, and where the resultant lots are equal to or exceed the standards of the town, shall not constitute the subdivision of land, and such division into not more than three lots for the purpose of conveying townhouses, as herein permitted, shall constitute compliance with the provisions of this chapter.
(B) The dimensional requirements, if any, including area, front, side and rear yard, shall be determined by the zoning classification applicable to the particular site. Said dimensional requirements shall be applied to the overall structure, as opposed to the individual townhouse units, as if the individual units were going to be owner-occupied or rented, as opposed to being sold as townhouses.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)